Agenda 12/08/2020 Item #16A17 (Resolution for final acceptance of roadway drainage improvements at Ravvia Preserve Phase 3)12/08/2020
EXECUTIVE SUMMARY
Recommendation to approve a Resolution for final acceptance of the private roadway and drainage
improvements, and acceptance of the plat dedications, for the final plat of Raffia Preserve - Phase
3, PL20140000592, and authorize the release of the maintenance security.
OBJECTIVE: To have the Board of County Commissioners (Board) grant final acceptance of the
infrastructure improvements associated with the subdivision, accept the plat dedications, and release the
maintenance security.
CONSIDERATIONS:
1) On August 5, 2015, the Growth Management Department granted preliminary acceptance of the
roadway and drainage improvements in Raffia Preserve - Phase 3.
2) The roadway and drainage improvements will be maintained by Raffia Preser ve Master
Association, Inc.
3) The required improvements have been constructed in accordance with the Land Development
Code. The Growth Management Department has inspected the improvements on October 8,
2020, and is recommending final acceptance of the improvements.
4) A resolution for final acceptance has been prepared and approved by the County Attorney's
Office. The resolution is a requirement of Section 10.02.05 C of the Land Development Code. A
copy of the document is attached.
FISCAL IMPACT: The roadway and drainage improvements will be maintained by the Raffia Preserve
Master Association, Inc. The existing security in the total amount of $272,596.84 will be released upon
Board approval. The original security in the amount of $1,782,200.44 has been reduced to the current
amount based on the previous work performed and completed and pursuant to the terms of the
Construction and Maintenance Agreement dated September 28, 2014.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
LEGAL CONSIDERATIONS: This item has been approved as to form and legality, and requires a
majority vote for Board approval. - SAA
RECOMMENDATION: To have the Board accept the final acceptance of the roadway and drainage
improvements in Raffia Preserve - Phase 3, Application Number PL20140000592, and authorize;
1. The Chairman to execute the attached resolution authorizing final acceptance of the
improvements, and acceptance of the plat dedications.
2. The Clerk of Courts to release of the maintenance security.
Prepared By: Lucia S. Martin, Associate Project Manager, Development Review
ATTACHMENT(S)
1. Location Map (PDF)
2. Bond Basis (PDF)
3. Resolution (PDF)
4. Plat Map (PDF)
16.A.17
Packet Pg. 1530
12/08/2020
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.17
Doc ID: 13961
Item Summary: Recommendation to approve a Resolution for final acceptance of the private
roadway and drainage improvements, and acceptance of the plat dedications, for the final plat of Raffia
Preserve - Phase 3, PL20140000592, and authorize the release of the maintenance security.
Meeting Date: 12/08/2020
Prepared by:
Title: Technician – Growth Management Development Review
Name: Lucia Martin
10/19/2020 9:13 AM
Submitted by:
Title: Director – Growth Management Department
Name: Matthew McLean
10/19/2020 9:13 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 10/20/2020 3:20 PM
Growth Management Operations & Regulatory Management Rose Burke Additional Reviewer Completed 10/21/2020 11:39 AM
Growth Management Development Review Brett Rosenblum Additional Reviewer Completed 10/26/2020 11:50 AM
Growth Management Development Review Chris Scott Additional Reviewer Completed 10/27/2020 3:08 PM
Engineering & Natural Resources Jack McKenna Additional Reviewer Completed 11/02/2020 9:44 AM
Growth Management Department Matthew McLean Additional Reviewer Completed 11/02/2020 2:48 PM
Growth Management Department James C French Deputy Department Head Review Completed 11/03/2020 1:46 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 11/03/2020 4:41 PM
County Attorney's Office Sally Ashkar Level 2 Attorney Review Completed 11/17/2020 9:38 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 11/17/2020 9:49 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 11/17/2020 10:59 AM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 11/18/2020 4:47 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 11/24/2020 2:46 PM
Board of County Commissioners MaryJo Brock Meeting Pending 12/08/2020 9:00 AM
16.A.17
Packet Pg. 1531
RAFFIA PRESERVE - PHASE 3
LOCATION MAP
16.A.17.a
Packet Pg. 1532 Attachment: Location Map (13961 : Final Acceptance - Raffia Preserve - Phase 3)
16.A.17.b
Packet Pg. 1533 Attachment: Bond Basis (13961 : Final Acceptance - Raffia Preserve - Phase 3)
16.A.17.b
Packet Pg. 1534 Attachment: Bond Basis (13961 : Final Acceptance - Raffia Preserve - Phase 3)
16.A.17.b
Packet Pg. 1535 Attachment: Bond Basis (13961 : Final Acceptance - Raffia Preserve - Phase 3)
16.A.17.b
Packet Pg. 1536 Attachment: Bond Basis (13961 : Final Acceptance - Raffia Preserve - Phase 3)
16.A.17.bPacket Pg. 1537Attachment: Bond Basis (13961 : Final Acceptance - Raffia Preserve - Phase 3)
16.A.17.bPacket Pg. 1538Attachment: Bond Basis (13961 : Final Acceptance - Raffia Preserve - Phase 3)
16.A.17.bPacket Pg. 1539Attachment: Bond Basis (13961 : Final Acceptance - Raffia Preserve - Phase 3)
16.A.17.bPacket Pg. 1540Attachment: Bond Basis (13961 : Final Acceptance - Raffia Preserve - Phase 3)
16.A.17.bPacket Pg. 1541Attachment: Bond Basis (13961 : Final Acceptance - Raffia Preserve - Phase 3)
C-onnW
Grul/h Management Department
Development Review Divbion
November I 8. 201 5
lronshore Indemniry Company
One State Street Plaza, 7th Floor
New York, NY. 10004
RE: Your Performance Bond No. SUR20000213
Raffia Preserve, Phase Three
WCI Communities, LLC
Dear Sir or Madam,
Please be advised that based upon the work completed and inspected to date, the subject
Performance Bond may now be reduced by $1,509,603.60. According to our records, this will
leave $272,596.84 as the remaining security. The remaining balance represents the 107o
maintenance security of $162,018.22, plus $110,578.62 representing 100% of the work
remaining to be completed which consists of the final lift of paving and installation of the
remaining residential sidewalks.
An original Bond Rider reducing the value of the Bond should be directed to this office, "all
other terms and conditions oforiginal Performance Bond to remain in full force and effect".
If I can be ofany further assistance to you in this regard, please let me know
Sincerely,
loAx Hou0dewottA
Cc: Matt Mcl-ean, PE, Principal Project Manager
Richard Ibach, PE, Grady Minor & Associates
Dar*fn€rt Rs{b* Dii$n . 2&[ llatr Hcrdre Drirre . t$Ces, Hcih 3101 . 232512,m . H*ro&go/I|d
John R Houldsworth
Senior Site Plans Reviewer
With authority in these matters
16.A.17.b
Packet Pg. 1542 Attachment: Bond Basis (13961 : Final Acceptance - Raffia Preserve - Phase 3)
GENERAL PURPOSE RIDER
To be attached to and form part of Bond Number SUR20000213 effective Auqust 29,2Ol5
issued by the lronshore lndemnatv lnc.
in the amount of One Million Seven Hundred Eiqhiv Two Thousand Two H Dorrars and 4411oo 51.782.200.44 DOLLARS,
on behalf of WCI Communities,C
as Principal and in favor of Collier County, FL
as Obligee:
Now, Therefore, it is agreed that:
The bond amount may be reduced to $272,596.84
It is further understood and agreed that all other terms and conditlons of this bond shall remain unchanged.
This rider is to be effective the 1 8th August
Signed, sealed and dated this 20th August
WCI Communities, LLC lronshore lndemnity lnc
2015
2015
(Princlpal)(Surety)
1M..-By:
Accepted By:
By:
et (,- l4jtf ,tcc ?Rcsi,icP Melissa Schmidt Attorney-in-Fact
day of
day of
16.A.17.b
Packet Pg. 1543 Attachment: Bond Basis (13961 : Final Acceptance - Raffia Preserve - Phase 3)
POWER OF ATTO
ilt- 20000213
lronshore lndemnity lnc.
KNOW ALt MEN BY THESE PRESENTT that IRONSHORE INDEMNITY lNC., a Minnesota Corporation, with its principal office in New York, NY does
hereby constitute and appoint: James l. Moore, Bonnie Kru5e, Stephen T. Kazmer, Dawn L. Morgan, Kelly A. Gardner, Elaine Marcus, Jennifer.l. Mccomb
Melissa Schmidt, and Tariese N- Pisciotto its true and lawful Attorney(s)-ln-Fact to make, execute, seal and deliver for. and on its behalf as surety, any
and all bonds, undertakings or other writings obligatory in nature of a bond.
This authority is made under and by the authority of a resolution which was passed by the Board of Directors of IRONSHORE INDEMNtTY lNC. on the
22'd day ofApril,2O13 asfollows:
Resolved, that the 0irector of the Company is hereby authorized to appoint and empower any representative of the company or other person or
persons as Attorney-ln-Fact to execute on behalf of the Company any bonds, undertakings, policies, contracts of indemnity or other writings obligatory
in nature of a bond not to exceed 55,500,000 dollars, which the Company might execute through its duly elected officers, and affix the seal of the
Company thereto. Any said execution of such documents by an Attorney-ln-Fact shall be as bindinS upon the Company as if they had been duly
executed and acknowledged by the reSularly elected officers of the Company- Any Attorneyln-Fact, so appointed, may be removed for good cause and
the authority so Sranted may be revoked as specified in the Power ofAftorney.
Resolved, that the signature of the Director and the 5eal of the Company may be affixed by facsimile on any power of attorney granted, and the
signature of the s€cretary, and the seal of the Company may be affixed by facsimile to any certificate of any such power and any such power or
certificate bearing such facsimile siSnature and seal shall be valid and bindinS on the Company. Any such power so executed and sealed and certificate
so executed and sealed shall, with resped to any bond of undertaking to which it is attached, continue to be valid and bindint on the Company.
lN WITNESS THEREOF, IRONSHORE INDEMNITY lNC. has caused this instrument to be signed by its Director, and its Corporate Seal to be affixed this
2^d day ofJuly,2013.
IRONSHORE INDEMNITY INC
,'$I""&
AiIY L, TAYLOR
Nola.y Public - Stal6 ot Te.tEs66
Oavidrd Cdnly
My Cmmission ExPlG 01-01-16
y't\)
Bri
Daniel L Sua
Oiae(tor
ACKNOWTEDGEMENT
On this 2nd day of July, 2013, before me, personally came Daniel L. sussman to me known, who beinS duly sworn, did depose and say that he is the
Director of lronshore lndemnity lnc., the corporation described in and which executed the above instrument; that he executed said instrument on
behalf of the corporation by authority of his office under the By-laws of said corporation.
t,
-...."*.111312.
a lrh t:
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CERTITrcATE
l, the undersigned, Secretary of IRONSHORE INDEMNITY lNC., a Minnesota Company, DO HEREBY CERTIFY that the oritinal Power of Aftorney of
which the foregoing is a true and correct copy, is in fullforce and effect and has not been revoked and the resolutions a5 set fofth are now in force-
signed and sealed at this ?L oay of 2o_tl
P.ul S Giordmo
Secaatary
,IJIIARNtNGi Any person who knowingty and with intent to delraud .ny insurance company or olhe. p€rson,Iil.s and applic.tion tor.ihsoranc' or statemcnt of claim
containing any materially Ialsa intormation, or conceals Ior the pu7Pose ol mi5l€adin8 inlormation concerninS any fact m'tetial thereto' commits a fraudulent
,*u.rn."_rO, *tt,"n ,t
"
;rime and subiects such pe'son to criminal and civil penalties "
16.A.17.b
Packet Pg. 1544 Attachment: Bond Basis (13961 : Final Acceptance - Raffia Preserve - Phase 3)
on Auqust 20. 20 15, before me, a Notary Public in and for said county and state, residing therein, duly
.orriri*f una twom, personally appeared Melissa Schmidt known to me to be Attomey-in-Fact of
lronshore IndemniW. Inc. the corporation described in and that executed the within and foregoing
t,rrt"*a"t, ""d
k""*n to me to b; the person who executed the said instrument in behalf ofthe said
corporation, and he duly acknowledged to me that such corporation executed the same'
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year
stated in this certificale above.
State of lllinois )
) ss.
County of DuPage )
Mvc ission Expires 05/13/16
Notary Public
OFFICIAL SEAL
KELLY A GARDNER
NOTARY PUELIC. STATE OF II,UNOIS
MY COlvlLllSSl0N EXPIRES:05t131t
16.A.17.b
Packet Pg. 1545 Attachment: Bond Basis (13961 : Final Acceptance - Raffia Preserve - Phase 3)
CORPORATE ACKNOWLEDGMENT FORNI
STATE OF FLORIDA
On this 24th day of August 2015, before me personally appeared Sheila Leith to me known,
who, being by me first duly swom, did depose and say that she is a Vice President- of WCI
Communities, LLC., a Delaware corporation, being the corporation described in and which executed
the foregoing instrument; that she knows the corporate seal of said corporation; that the corporate seal
affixed to said instrument is such corporation's seal; that such seal was so affixed by order and
authority of the Board of Directors of said corporation; and that she signed her name thereto by like
order and authority.
My commission expires:
otary lic
State ofFlorida
=',,F,"'..;,-t3
RUTH J. MARIANETTI
l{olarv Publrc Stat. ot tlolid'
lv comm. expires Jun. 15 2018
iommrssron Number Ff 10630?
Ruth J. Marianetti
Printed Name of Notarv Public
fFn
Notary Public Commission Number
COUNTY OF LEE
16.A.17.b
Packet Pg. 1546 Attachment: Bond Basis (13961 : Final Acceptance - Raffia Preserve - Phase 3)
DELITY GUARANTY AND ACCEPTANCE CORP
7OO NW 107 AVENUE - SUITE 204
MIAMI, FLORIDA 33172
PHONE (305)553-8724
IRREVOCABLE STANDBY LETTER OF CREDIT NO. FGAC.I7206
ISSUER: FIDELITY GUARANTY AND ACCEPTANCE CORP. (HEREINAFTER (ISSUER")
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MIAMI, FLORIDA J3I72
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AI'JJY ANl)iiDTI.IlY GUARAN PTANCi: CORP TIDEL,ITY GUABANTY ANN ACCEFIANCII COBP T'DTI ITY GUARANI*Y'AND AOCEPTANCT COF
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MIAMI, FLORIDA 33I72
DATE OF EXPIRY:JUNE I4,
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SUCH ANNIVERSARY DATE, THE ISSUER BENEFICIARY IN
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INFRASTRUCTURE CONSTRUCTION
PROJECT NAM[,: RAFFIA PRESERVE P}IASE 3
RANTY AND ACCEFTAI.ICE CONP FIDELITY GUARANW AND ACCEFTANCE CORP FIDELITY OUAEANTY AND ACCEPTANCE COBP i]DEI,
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PAYMENT AGAINST DOCUMENTS DBTAILED HEREIN AND BENEFICIARY'S
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DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE ISSUER
ARY'S STATEMENT PURPORTEDLY
DESIGNEE, CERTIFYING THAT:
A. "(I) DEVELOPER HAS FAILED TO CONSTRUCT AND/OR MAINTAIN THE IMPROVEMENTS ASSOCIATED
WITH THAT CERTAIN PLAT OF A SUBDIVISION KNOWN AS RAFFIA PRESERVE PHASE 3 AS REQUIRED
BY COLLIER COUNTY ORDINANCES AND RESOLUTIONS (THE *LAND DEVELOPMENT
REGULATIONS',}; (II) DEVELOPER HAS BEEN GIVEN WRITTEN NOTICE DESCRIBING TTIE EVENT OR
CONDITION OF SUCH DEFAULT IN REASONABLE DETAIL BY CERTIFIED MAIL. RETURN RECEIPT
REQUESTED; AND (III) THE DEFAULT HAS NOT BEEN CURED WITHIN THB CURE PERIOD PROVIDED
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B. "A FINAL INSPECTION OF THE IMPROVEMENTS FOR RAFFIA PRBSERVE PHASE 3 AS REQUIRED BY
COLLIER COUNTY ORDINANCES AND RESOLUTIONS (THE "LAND DEVELOPMENT REGULATIONS'')
SATISFACTORY TO COLLIER COUNT}'
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16.A.17.b
Packet Pg. 1547 Attachment: Bond Basis (13961 : Final Acceptance - Raffia Preserve - Phase 3)
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FIDELITY GUANANTY AND ACCTPTANCE CORF FIDELITY GLJARANTY ANO ACCEPTANCE COHP FIDELITY GUARANTY AND ACCEPTANCE CORP FIOELITY GUARANTY AND AgCTETAI,JCF CCRN
COBP
A}ACC]
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Packet Pg. 1548 Attachment: Bond Basis (13961 : Final Acceptance - Raffia Preserve - Phase 3)
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Packet Pg. 1549 Attachment: Resolution (13961 : Final Acceptance - Raffia Preserve - Phase 3)
This Resolution adopted after motion, second and majority vote favoring same,
this ___ day of ______ , 2020.
DATE:
ATTEST:
CRYSTAL K. KINZEL, CLERK
Deputy Clerk
Approved as to form and legality:
Sally A. Ashkar
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: _____________ _ Burt L. Saunders, Chairman
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Packet Pg. 1550 Attachment: Resolution (13961 : Final Acceptance - Raffia Preserve - Phase 3)
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Packet Pg. 1551 Attachment: Plat Map (13961 : Final Acceptance - Raffia Preserve - Phase 3)
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Packet Pg. 1552 Attachment: Plat Map (13961 : Final Acceptance - Raffia Preserve - Phase 3)
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Packet Pg. 1553 Attachment: Plat Map (13961 : Final Acceptance - Raffia Preserve - Phase 3)
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Packet Pg. 1554 Attachment: Plat Map (13961 : Final Acceptance - Raffia Preserve - Phase 3)
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Packet Pg. 1555 Attachment: Plat Map (13961 : Final Acceptance - Raffia Preserve - Phase 3)
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Packet Pg. 1556 Attachment: Plat Map (13961 : Final Acceptance - Raffia Preserve - Phase 3)